(a) the stand of Government on reservation in promotion cases involving Central Government employees; and

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and
Pensions and Minister of State in the Prime Minister’s Office. (DR.
JITENDRA SINGH)

(a) & (b): The reservation in promotion is provided to Scheduled
Castes (SCs) and Scheduled Tribes (STs) at the rate of 15% and 7.5%
respectively in posts and services under the Central Government. As on
1.1.2013, the representation of SCs and STs was 17.55% and 7.72%
respectively.

The Hon’ble Supreme Court, on 19.10.2006, in the matter of M. Nagaraj
& Ors. V/s Union of India, while upholding the validity of the
Constitutional Amendments made in favour of Scheduled Castes and
Scheduled Tribes, inter-alia, observed that the State will have to
collect quantifiable data of backwardness, inadequacy of representation
before providing reservation in promotion.

In order to provide impediment free reservation in promotion to SCs and
STs, the Constitutional (One Hundred and Seventeenth Amendment) Bill was
introduced in the Rajya Sabha by the Government in September, 2012. The
Bill was passed by the Rajya Sabha on 17.12.2012 and transmitted to the
Lok Sabha for consideration and passing. The Bill could not be
considered in the 15th Lok Sabha and lapsed on the dissolution of 15th
Lok Sabha. The issues emanating from the Hon’ble Supreme Court’s
judgment dated 19.10.2006 in M.Nagaraj case is under examination.